Y. H. B, G. XVIII

Droit de propriété immobilière.

of the fabrication of counterfeit money, and this entry may be made wbether the crime was committed by a foreigner or by an Ottoman subject, and whether it took place in the résidence of a foreigner or not in his résidence, or in any other place.

Thèse régulations are not applicable but to the parts of the real estate which constitute the résidence, as it has been heretofore defined.

Beyond the résidence, the action of the police shall be exercised freely and without reserve; but in case a person charged with crime or offence, should be arrested, and the accused shall be a foreigner, the immunities attached to his person shall be observed in respect to him.

The functionary or the officer charged with the accomplishment of a domiciliary visit, in the exceptional circumstances determined before, and the members of the Council of Elders who shall assist him, will be obliged to make out a procès-verbal of the domiciliary visit , and to communicate it immediately to the superior authoritj under whose jurisdiction they are, and the latter shall transmit it to the nearest consular agent without delay.

A spécial régulation will be promulgated by the Sublime Porte, to détermine the mode of action of the local police in the several cases provided heretofore.

In localities more distant than nine hours' travel from the résidence of the consular agent, in which the law of the judicial organization of the Velayet may be in force, foreigners shall be tried, without the assistance of the consular delegate by the Council of Elders fulfilling the function of justices of the peace, and by the tribunal of the canton, as well for actions not exceeding one thousand piastres as for offences entailing a fine of five hundred piastres only at the maximum.

Foreigners shall have, in any case, the right of appeal to the tribunal of the arrondissement against the judgments issued as above stated, and the appeal shall be followed and judged with the assistance of the consul, in conformity with the treaties.

The appeal shall always suspend the exécution of a sentence.

In ail cases the forcible exécution of the judgments, issued on the condition determined heretofore not take place without the coopération of the consul or of his delegate. ,

The Impérial government will enact a law which shall détermine the raies of procédure to be observed by the parties, in the application of the preceding régulations.

Foreigners, in whatever locality they may be, may freely submit themselves to the jurisdiction of the Council of Elders or of the tribunal of the canton without the assistance of the consul in cases which do not exceed the competency of thèse councils or tribunals, reserving always the right of appeal before the tribunal of the arrondissement, where the case may be brought and tried with the assistance of the consul or his delegate.

The consent of a foreigner to be tried as above stated, without the assistance of his consul, shall always be given in writting and in advance of ail procédure.

It is well understood that ail thèse restrictions do not concern cases

Espagne, Etats-Unis.

which hâve for their object questions of real estate, which shall be tried and determined under the conditions established by the law.

The right of defence and the publicity of the hearings shall be assured in ail cases to foreigners who rnay appear before the Ottoman tribunals, as well as to Ottoman subjects.

The preceding dispositions shall remain in force nntil the revision of the ancient treaties, a revision which the Sublime Porte reserves to itself the right to bring about hereafter by an understanding between it and the friendly Powers.

In witness whereof the respective plenipotentiaries have signed the Protocol and have affixed thereto their seals.

Done at Constantinople the eleventh of August, one thousand eighi hundred and seventy-four.

Geo. H. Boker.

A. Aarifl.